K3 vs Cr1

[maritimer 0]

We are just trying to figure out what visa to apply for originally it was gonna be the K1. I have looked thru the K3 guides and info and the CR1 info just wondering which one is best. I am alittle confused as it says in the K3 forum you can apply for a CR1 at the same time. I just want to make sure I understand my options here. If I apply for the CR1 i don't have to apply for the K3 aswell do I.

[Ling Ling 22]

We are just trying to figure out what visa to apply for originally it was gonna be the K1. I have looked thru the K3 guides and info and the CR1 info just wondering which one is best. I am alittle confused as it says in the K3 forum you can apply for a CR1 at the same time. I just want to make sure I understand my options here. If I apply for the CR1 i don't have to apply for the K3 aswell do I.

No...if you PETITION for a CR-1 Visa (by sending in an I-130 and accompanying forms) you do NOT have to PETITION for a K-3 (by sending in an I-129f along with the NOA of your I-130). First you make a petition, once it's approved you can apply for a visa K-1 for fiance, K-3 for non-immigrant spouse, or CR-1/IR-1 for immigrant spouse. .

Please visit the Guides (tab at the top of this page). You'll find lot of useful information, and answers to questions you probably haven't even thought of yet.

Once you've got the basics down, don't hesitate to ask more questions on the forums.

Good Luck

[vsmtghdy 2]

CR/IR is better than K3 since you don't need to adjust your status when you arrive here in the US.

[maritimer 0]

CR/IR is better than K3 since you don't need to adjust your status when you arrive here in the US.

Im from Canada and about an hour plane ride away from Boston. As a canadian you are allowed to enter the USA without a visa approval for a max of 6months they automically give you a B2 when you pre-clear thru customs in canada. If we marry in the USA and apply for the CR1 do I have to return to canada and file or can I stay there and just keep going home every 6 months.

[Hollis 0]

Hi Maritimer,

I'm from Canada too and on the CR-1/Ir1 path. I was told (from uscis) that I CANNOT travel to the states ONCE the petition is filed. So I'm just waiting until I obtain the visa to immigrate. My spouse the USC comes to visit me often so no reason for me to enter the USA just yet.

However, I did read on visa journey that it's up to the border officer to grant you admission. Member on VJ have stated to have some sort of ties with Canada (ie: job letter ) that will ensure that you WILL leave the US once temp stay is over.

Hope this helps.

Good luck !

[Ling Ling 22]

If I may clarify.

Most countries (especially the USA) consider that anyone crossing their border is planning to stay.

Visa (even the Visa Waiver Program) are not so much about permission to enter, but an agreement/notice of when you have to leave.

Without visas, everybody would stay as long as they want. While Canadians are allowed visa entry for up to 6 months per year,

it's generally accepted that if you're living anywhere for more than half the year (let's call it 6 months and 1 day) that is where you

live. That's why there's the 6 month limit...and you can't visit for 6 months, leave for a month and return for another 6 months...that would defeat the purpose

of the policy.

Now once you've made application for an immigration visa, you technically can enter, but now they KNOW for sure that you want to stay.

You are now more of a risk because you've stated your intent to immigrate. Also, once you're married to a US Citizen (USC), you also

are at a greater risk because most people will do ANYTHING and EVERYTHING to be with their spouse. Yes, some people will even try to circumvent

the immigration process...and that makes Homeland Security a little upset.

Again, now you're even a greater risk.

That said, without an immigration visa, any entry can be denied without giving a reason. Sure you can appeal it...but not until you get back on the plane or

go to a detention center. Some people have tried various methods and been successful, some have wasted money on airline tickets only to be denied, and still others have found themselves facing 5 year, 10 year, and even LIFE bans from entering the USA.

Coloring outside the lines means you can never be sure what to expect.

...the journey continues.